RESTATEMENT OF VALUES OF JUDICIAL LIFE
On May 7, 1997, the Supreme Court of India’s full court adopted two significant resolutions:
- Restatement of Values of Judicial Life: This resolution outlines ethical standards and principles expected of Supreme Court and High Court judges.
- In-House Procedure: This procedure establishes a mechanism for addressing misconduct by judges who fail to adhere to these values.
Under the In-House Procedure:
- The Chief Justice of India is responsible for receiving complaints against Supreme Court judges and Chief Justices of High Courts.
- Chief Justices of High Courts are responsible for receiving complaints against High Court judges.
This system provides an internal process for handling judicial misconduct within the judiciary itself.
[As adopted by Full Court Meeting of the Supreme Court of India on 7th May, 1997)
Code of Conduct For Supreme Court and High Court Judges in India
(1) Justice must not merely be done but it must also be seen to be done. The behaviour and conduct of members of the higher judiciary must reaffirm the people’s faith in the impartiality of the judiciary. Accordingly, any act of a Judge of the Supreme Court or a High Court, whether in official or personal capacity, which erodes the credibility of this perception has to be avoided.
(2) A Judge should not contest the election to any office of a Club, society or other association; further he shall not hold such elective office except in a society or association connected with the law.
(3) Close association with individual members of the Bar, particularly those who practice in the same court, shall be eschewed.
(4) A Judge should not permit any member of his immediate family , such as spouse, son, daughter, son- in-law or daughter-in-law or any other close relative, if a member of the Bar, to appear before him or even be associated in any manner with a cause to be dealt with by him.
(5) No member of his family, who is a member of the Bar, shall be permitted to use the residence in which the Judge actually resides or other facilities for professional work.
(6) A Judge should practice a degree of aloofness consistent with the dignity of his office.
(7) A Judge shall not hear and decide a matter in which a member of his family, a close relation or a friend is concerned.
(8) A Judge shall not enter into public debate or express his views in public on political matters or on matters that are pending or are likely to arise for judicial determination.
(9) A Judge is expected to let his judgments speak for themselves. He shall not give interview to the media.
(10) A Judge shall not accept gifts or hospitality except from his family, friends . close relations and
(11) A Judge shall not hear and decide a matter in which a company in which he holds shares is concerned unless he has disclosed his interest and no objection to his hearing and deciding the mater is raised.
(12) A Judge shall not speculate in shares, stocks or the like.
(13) A Judge should not engage directly or indirectly in trade or business, either by himself or in association with any other person. (Publication of a legal treatise or any activity in the nature of a hobby shall not be construed as trade or business).
(14) A Judge should not ask for, accept contributions or otherwise actively associate himself with the raising of any fund for any purpose.
(15) A Judge should not seek any financial benefit in the form of a perquisite or privilege attached to his office unless it is clearly available. Any doubt in this behalf must be got resolved and clarified through the Chief Justice.
(16) Every Judge must at all times be conscious that he is under the public gaze and there should be no act or omission by him which is unbecoming of the high office he occupies and the public esteem in which that office is held. These are only the “Restatement of the values of Judicial Life” and are not meant to be exhaustive but illustrative of what is expected of a Judge.
The Principles
Upholding Judicial Integrity: A Code of Conduct for Indian Judges
The Supreme Court of India, in a landmark decision, established a set of principles to ensure the highest standards of judicial conduct. These principles, known as the “Restatement of Values of Judicial Life,” aim to maintain public trust in the judiciary.
Key Principles of Judicial Conduct:
- Impartiality and Public Perception: Judges must not only be impartial but also be perceived as impartial. Any action, whether official or personal, that could undermine public trust should be avoided.
- Avoiding Conflicts of Interest:
- Judges should refrain from holding elective positions in clubs, societies, or associations, except for those related to the legal profession.
- Close associations with members of the Bar, particularly those practicing in the same court, should be minimized.
- Judges must ensure that their family members, especially those practicing law, do not appear before them or have any involvement in cases they are handling.
- Family members should not use the judge’s residence or other facilities for professional purposes.
- Maintaining Judicial Dignity:
- Judges should maintain a level of aloofness befitting their position.
- They should not participate in public debates or express public opinions on political or judicial matters.
- Judges should let their judgments speak for themselves and avoid media interviews.
- Financial Integrity:
- Judges should not accept gifts or hospitality, except from family, friends, and close relatives.
- They should disclose any financial interest in cases they are handling.
- Judges should avoid speculative investments and business activities.
- They should not seek or accept financial benefits beyond what is officially allowed.
The “Restatement of Values of Judicial Life” serves as a guiding light for Indian judges, ensuring that they uphold the highest standards of integrity, impartiality, and public trust. By adhering to these principles, the judiciary can continue to be a pillar of justice in India.
A Bibliography on Judicial Ethics
Here are some key resources on judicial ethics, along with reasons why they are worth reading:
Books:
- Judicial Ethics by Geoffrey C. Hazard, Jr. and Susan P. Koniak
- Publication Date: 2002
- Why Read It: A comprehensive and authoritative text on judicial ethics, covering a wide range of topics, including impartiality, recusal, financial disclosure, and judicial conduct.
- The Judge as Arbitrator: A Guide to Ethical Decision Making by J. Clay Farnsworth
- Publication Date: 2008
- Why Read It: Provides practical guidance for judges on ethical decision-making in the context of arbitration, focusing on issues such as impartiality, confidentiality, and disclosure.
- Judicial Independence and Impartiality by David Pannick
- Publication Date: 2005
- Why Read It: Explores the fundamental principles of judicial independence and impartiality, examining their importance in maintaining the rule of law and ensuring fair trials.
Articles and Papers:
- “The Architecture of Judicial Ethics” by Charles G. Geyh
- Publication Date: 2021
- Why Read It: Provides a framework for understanding the ethical challenges faced by judges and explores the importance of judicial independence and accountability.
- “Judicial Ethics and the Rule of Law” by Justice Anthony M. Kennedy
- Publication Date: 2006
- Why Read It: A thoughtful analysis of the role of judicial ethics in upholding the rule of law, emphasizing the importance of impartiality, integrity, and public confidence in the judiciary.
Online Resources:
- The Bangalore Principles of Judicial Conduct
- Publication Date: 2002
- Why Read It: A globally recognized set of principles that outline the ethical standards expected of judges.
- American Bar Association’s Model Code of Judicial Conduct
- Publication Date: Regularly updated
- Why Read It: Provides a comprehensive code of ethical conduct for judges in the United States, which can serve as a valuable reference for judges worldwide.
Read more:
THE BANGALORE PRINCIPLES OF JUDICIAL CONDUCT-2002